Motion to modify Order of Protection for Domestic Violence: DENIED. What to do?

[mechita]

Was your child/ren there when your husband assaulted you? What EXACTLY was he charged with?

The children were not aware of the assault.
He has two charges: aggravated assault domestic violence and aggravated assault on pregnant female.

 

[mechita]

What did you think was going to happen when you called the police? That they'd come slap him on the hand and tell him to keep his paws off you because they "had your back"?

I actually thought they would keep him out of the house, and get him into counseling. I didn't expect for an Permanent Order to be issued, just I didn't expect to be denied if I tried to modify it.

 

[single317dad]

I actually thought they would keep him out of the house, and get him into counseling. I didn't expect for an Permanent Order to be issued, just I didn't expect to be denied if I tried to modify it.

While this is completely wrong thinking, it's forgivable. Many people think this way, that law enforcement is standing by waiting to carry someone away "just for the night", "to cool off", to help them retrieve their belongings from their ex's house, etc. When you really examine the whole idea, it becomes quite ridiculous, but it does seem to be the popular/prevailing wisdom.

 

[Just Blue]

The children were not aware of the assault.
He has two charges: aggravated assault domestic violence and aggravated assault on pregnant female.

I asked if the children were home. I will assume that they were based upon ^ post.

Yes...You are risking having CPS in your life with your blasé attitude.

 

[Zigner]

While this is completely wrong thinking, it's forgivable. Many people think this way, that law enforcement is standing by waiting to carry someone away "just for the night", "to cool off", to help them retrieve their belongings from their ex's house, etc. When you really examine the whole idea, it becomes quite ridiculous, but it does seem to be the popular/prevailing wisdom.

It seems to happen a lot on COPS. Just sayin'

 

[stealth2]

Chopped liver, I am.... sigh...

 

[mechita]

Chopped liver, I am.... sigh...

Thanks for your response?

However, it doesn't help me figure out what to do after my motion to modify the protection order was denied... Which is the one thing I came asking for...

 

[Silverplum]

Thanks for your response?

However, it doesn't help me figure out what to do after my motion to modify the protection order was denied... Which is the one thing I came asking for...

You didn't read through the law I (another pot of chopped liver) posted.

 

[Just Blue]

If you want advice you NEED to answer all questions posed.

 

[mechita]

If you want advice you NEED to answer all questions posed.

What questions???
I have answered all of the questions...

 

[mechita]

You didn't read through the law I (another pot of chopped liver) posted.

Maybe because english is not my first language I can't follow through... please explain...

 

[stealth2]

Thanks for your response?

However, it doesn't help me figure out what to do after my motion to modify the protection order was denied... Which is the one thing I came asking for...

Then you did not read it, or you didn't understand it. You have to live with your choice. The PO will stand.

 

[mechita]

Then you did not read it, or you didn't understand it. You have to live with your choice. The PO will stand.

I was told I can appeal, preferably with the help of a lawyer instead of doing it by myself like I did.

 

[Silverplum]

I was told I can appeal, preferably with the help of a lawyer instead of doing it by myself like I did.

You appealed. You lost the appeal.

When you applied for the PPO, you had to read and sign this:
(c) Every petition for an injunction against domestic violence shall contain, directly above the signature line, a statement in all capital letters and bold type not smaller than the surrounding text, as follows:
I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES.

You put yourself into this position. Now you live there. Done.

 

[mechita]

You appealed. You lost the appeal.

When you applied for the PPO, you had to read and sign this:
(c) Every petition for an injunction against domestic violence shall contain, directly above the signature line, a statement in all capital letters and bold type not smaller than the surrounding text, as follows:
I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES.

You put yourself into this position. Now you live there. Done.

So? each statement was true and correct...
I was seeking for the Protection Order... At the time it was the best thing to do. I didn't expect it to be for so long, I have never been involved in this type of situations, it is all new to me, so I though it would be possible to try to modify it, since I was the one who filed for it.
The Judge seemed to think I was "under pressure" I guess because he still has criminal charges pending...
In the meantime I don't want to deal with my mother in law because if things continue the way they are, I will have to file for a restraining order against her... and that's not even the real problem... I don't want her transporting my toddler since I consider her a threat.